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08-18-2009 Regular MeetingCITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 The regular meeting of the Code Enforcement Board was called to order on Tuesday, August 18, 2009 at 7:00 p.m. Members attending were James Purvis, Chairman, Ken Forte, David Holt, Les Booker and James Davern. Also attending were Suzanne O'Shea, Code Enforcement Officer, Betty McMinamen, Code Enforcement Officer, Yvette Brown, City Attorney, Valerie Fuchs, Code Enforcement Board Attorney, and Rae Chidlow, Code Enforcement Clerk. The Pledge of Allegiance was recited. The minutes from the Code Enforcement Board Meeting of July 15, 2009 were approved as amended. Code Enforcement Chairman Jim Purvis read the Opening Remarks. Code Enforcement Officers Suzanne O'Shea and Betty McMinamen, along with any of the public who may testify, were sworn in. Chairman Jim Purvis gave the floor to Code Enforcement Staff and City Attorney. City Attorney Yvette Brown stated that case numbers 09-533, 09-535, 09-541, 09-546, 09-548, 09-549, and 09-550 have complied and will not be heard. NEW BUSINESS CASE N0.09-534 Kenneth B. Hanomen 677 W. Highway 50 Clermont, FL 34711 LOCATION OF VIOLATION: 677 W. Highway 50, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9(108.1.1)(110.1) Unsafe Building Due to Fire & Deterioration City Attorney Yvette Brown introduced the case. Code Enforcement Officer Betty McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the extensive damage of the convenience store known as "677 W. Highway 50", caused by the fire of March 24, 2006, with the structure continuing to deteriorate even further from an apparent lack of maintenance, and in such condition as to be deemed a public nuisance and a hazard to public safety and health. Compliance of this violation will be when this building has been repaired and restored to code in accordance with your submission of properly engineered drawings in order to obtain the required Building Permits to be issued by the City of Clermont, or the entire structure must be completely demolished and all debris removed from property. 1 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 Kenneth B. Hanomen, 14629 Johns Lake Road, stated that he is asking for time because he is trying to sell the property. He stated that he is trying to keep the property clean and do what is asked of him from the code enforcement officer. He stated that he does not have the money to fix the property and cannot get a loan on the property to do what is needed to make the property compliant. He is asking to be given until January. He stated that he does not have a note on the property, but he still cannot get a loan. Chairman Purvis stated that he should not expect the residents to accept the condition of the property. He asked how many notes has he held for other buyers. Mr. Hanomen stated that he has held two notes for potential buyers and he just got the property back in January. Board member Booker questioned giving more time to the Respondent when he has no money to do anything with the property. Mr. Hanomen stated that will give him time to sell the property. Board member Booker asked if the property can still be operated as a gas station if repairs are made. Mr. Hanomen stated that the gas tanks are still good through the end of this year. Mr. Holt asked if the building is unsafe. Ms. McMinamen stated that the walls are sturdy enough and as long as it stays boarded up it is considered safe. James Davern made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for everv day in violation starting February 17 2010 Motion failed or lack of being seconded. Chairman Purvis stated that the property will be worth less by January because the tanks will be out of date at that time. He stated that they should think of a date that coincides with the January deadline. James Davern made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for everv day in violation starting December 15 2009 • seconded by David Holt The vote was unanimous in favor of finding the Respondent in violation and in favor o_f the time period and the amount of the fine. CASE NO. 09-537 Church of Our Lord Jesus Christ of the Apostolic Faith, Inc. 792 E. Montrose Street Clermont, FL 34711 2 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 LOCATION OF VIOLATION: 792 E. Montrose Street, Clermont, FL 34711 VIOLATION: Chapter 86, Section 141, Conditional Use Permits. Generally City Attorney Yvette Brown introduced the case. Code Enforcement Officer Betty McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of this Conditional Use Permit by failing to obtain all necessary permits within the allotted six (6) months granted by the signing of this document on January 26, 2009, which would then allow completion of all improvements, renovations and items outlined on the conceptual site plan within one (1) year of this same date. Compliance of this violation will be when the permits are issued as defined in Paragraph 12, Section 1, of this Conditional Use Permit and agreed with the City of Clermont in Resolution No.1598. Daryl Forehand, 555 Pitt Street, stated that they are ready to move forward with the property. He stated that Arthur Nix submitted permits to St. Johns River Water Management District, received comments and have resubmitted revisions. He stated they are just waiting for approval from St. Johns before they can pull the permit. He stated that it just takes time to complete the process. Chairman Purvis asked when Mr. Nix did the revisions Mr. Forehand stated that Mr. Nix did them and checked them again yesterday. Chairman Purvis asked when the application was submitted to St. Johns. Mr. Forehand stated that he is not sure exactly when it was submitted. Board member Booker stated that this sounds like a repeat of the previous violations. Mr. Forehand stated that you cannot control any government entity. Board member Forte stated that the church now has a fine accruing of approximately $42,000. He asked what has been done to the property to become compliant. Mr. Forehand stated that he has met with Mr. Nix to get the engineering done and has submitted applications to St. Johns and that is what has been going on for the last six months. Les Booker made a motion to find the Respondent in violation of the cited City code and be fined at a rate of X250. DO per day for every day in violation startin~ust 18 2009 • seconded by James Davern The vote was unanimous in favor of frndinQ the Respondent in violation and in favor of the time period and the amount of the fine. 3 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 CASE N0.09-538 Church of Our Lord Jesus Christ Eudella Young ET AL Trustees West of 662 E. Desoto Street Clermont, FL 34711 LOCATION OF VIOLATION: 662 E. Desoto Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1), Unlawful Maintenance of Nuisances City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the property that is extremely overgrown with tall grass and weeds. Compliance of this violation will be when the premises have been completely cleaned of the items mentioned above, and all vegetation uniformly trimmed and mowed, then all clippings removed from property. Daryl Forehand, 555 Pitt Street, stated that the property in question is not their lots. Ms. O'Shea showed the alternate key for the property in question from the property record card and what is on the map. There was discussion as to who actually owned the property. Chairman Purvis suggested that staff research ownership of property better. City Attorney Yvette Brown stated that there is no other research for the City to do. She stated that the Church can do their own research. She stated that the City has confirmed the key number matches and they cited the named Respondent. Code Enforcement Attorney Valerie Fuchs stated that there is a statute (162.12) that states the owner is the property of record at the property appraisers office and that is the only information that staff is required to go by. She stated that if the City opposes a lien, it is the Respondent's responsibility to prove ownership of property. City Attorney Yvette Brown stated that ownership of the property could have been brought to the attention of the staff prior to this hearing. James Davern made a motion to table this case until September 1 S 2009 • seconded by Les Booker The vote was unanimous in favor o tabling this case. 4 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 CASE N0.09-544 PDG/Inland Tuscany Village Venture, LLC Approx. 32 acres of vacant commercial property located at US Highway 27, split by Hammock Ridge Rd. Clermont, FL 34711 LOCATION OF VIOLATION: Approx. 32 acres of vacant commercial property located at US Highway 27, split by Hammock Ridge Rd., Clermont, FL 34711 City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches (Section 302.4 Weeds). Action required to correct violation: Mow/bushhog all grass and weeds in excess of 18 inches on the property; including to the street right-of--way, retaining walls, etc. You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: Runoff of soil from the property onto adjacent roadways/sidewalks/properties. Silt fences are not stabilized sufficiently around the property. (Section 302.2 Grading and Drainage). Action required to correct violation: Remove all soils that have washed onto the sidewalks, roadways, etc. Stabilize the silt fences and remove silt fences that are in disrepair. Sod or seed areas along the roadway as to prevent further wash out. You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: There is significant washing away of soils underneath the sidewalks. (Section 302.3 Sidewalks and driveways). Action required to correct violation: Restabilize and restore the sidewalks that have been washed out, to specifications of the City of Clermont Engineering Department. Frank Kriz, Construction Manager for PDG/Inland Tuscany Village Venture, stated that they have had on-going maintenance since the project started two years ago. He stated they have been waiting for the utility companies to get their power and gas lines in. He stated at that time they will get their landscape done along the boulevard and they will continue to maintain that. He stated that they have doubled up on the silt fence. He stated that they are working with the City to expedite the building of a retaining wall to help with the erosion. He stated that they will do some sodding as well to help with the erosion control. Board member Forte asked if the time frames the City has proposed were reasonable. Mr. Kriz stated that 30 days would be reasonable. He stated all should be complete with the exception of the retaining wall being completed. He stated that a lot of grading and sodding has already been completed. He stated he prefers to have 2 months to allow for the wall to be completed. 5 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 James Davern made a motion to find the Respondent in violation of the cited City code and be rued at a rate of $150.00 per dad for every day in violation starting August 25, 2009 for Section 302.4, $150 per day for every day in violation starting August 25, 2009 for Section 302.2, and $250 per da,~, or every day in violation startin~September 21, 2009 for Section 302.3. Motion failed due to lack ofsecond. James Davern made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $150.00 per day for every day in violation startin~September 1 S, 2009 for Section 302.4, $1 SO per day for every day in violation starting September 1 S, 2009 for Section 302.2, and $250 per dax for every day in violation starting October 20, 2009 for Section 302.3; seconded by Les Booker. The vote was 4-1 in avor of finding the Respondent in violation and in favor of the time period and the amount o~ the fine with Forte opposing. CASE N0.09-547 Stephen R. & Veronica M. Przyblowski 1066 Linden St. Clermont, FL 34711 LOCATION OF VIOLATION: 1066 Linden Street, Clermont, FL 34711 VIOLATION: Chapter 14, Section 14-9 (109.1) Hazardous Tree City Attorney Yvette Brown stated this case would be removed from the agenda and not be heard this evening. CASE NO. 09-526 James F. Campbell & Audrey E. Smith-Campbell 125 Pacific Avenue Clermont, FL 34711 LOCATION OF VIOLATION: 125 Pacific Avenue, Clermont, FL 34711 REQUEST FOR EXTENSION City Attorney Yvette Brown introduced the case. James Campbell, 125 Pacific Avenue, stated that he needed two more months to get engineering for the structure. City Attorney Yvette Brown stated the City does not recommend an extension for this case. Mr. Campbell stated that he does not have the money for engineering and he does not feel he should need engineering for a small structure. 6 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 Chairman Purvis stated that air conditioners need wind load calculations and have to be strapped down. No one wants a building to become a flying object during a hurricane and that is why engineering is required. Mr. Campbell stated that he is asking for two months to come up with the money for engineering. Les Booker made a motion to not grant the extension. Motion failed due to lack o a second David Holt made a motion to grant an extension to September I S 2009 • seconded by James Davern The vote was 3-2 in favor o ranting the extension with Booker and Purvis op~osin~ Board took a 10 minute break. Board member Tim Murry joined the meeting at 9:10. CASE N0.09-536 Bradley S. & Kelli R. Pinkerton 1144 Linden St. Clermont, FL 34711 LOCATION OF VIOLATION: 1144 Linden Street, Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1)(3) Unlawful Maintenance of Nuisances City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist on the property: Excessive overgrowth of tall grass and weeds. Bushes on the side of the house are extremely overgrown and the underbrush is a harborage for rats and vermin. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds and grass, and vegetative debris removed from the property. The bushes should be trimmed with the underbrush removed. David Holt made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $100.00 per day for every day in violation startin~eptember 1 2009• seconded by Ken Forte The motion was amended to $250 ep r day for every day in violation starting September 1 2009 The vote was unanimous in favor of ~ndin~ the Respondent in violation and in favor o,~the time period and the amount of the ine. 7 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 CASE N0.09-539 Jeff Laperche 555 Scott St. Clermont, FL 34711 LOCATION OF VIOLATION: 555 Scott St., Clermont, FL 34711 VIOLATION: Chapter 34, Section 34-61 (1); Unlawful Maintenance of Nuisances. City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the following conditions that exist on the property: Excessive overgrowth of tall grass and weeds, thick brush and undergrowth. Compliance of this violation will be when the following conditions are met: The entire property is cleaned of all weeds, grass, and excessive vegetation, with all refuse and vegetative debris removed from the property. Ken Forte made a motion to end the Respondent in violation of the cited City code and be~ned at a rate of $250.00 per day for every day in violation startin~~September 1, 2009; seconded by Les Booker. The vote was unanimous in favor of findin.~ the Respondent in violation and in favor of the time period and the amount of the,f ne. CASE N0.09-540 Zainab Allboan 1617 12th Street & 1680 Rosewood Dr. Clermont, FL 34711 LOCATION OF VIOLATION: 1617 12th Street & 1680 Rosewood Dr., Clermont, FL 34711 VIOLATION: Chapter 14 Section 14-9 (302.4), Excessive Weed and Plant Growth City Attorney Yvette Brown introduced the case. Code Enforcement Officer Betty McMinamen exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the accumulation, which includes but is not limited to these properties currently being overgrown with tall grass and weeds. Compliance of this violation will be when all of the premises have been returned to a condition met with custom and usual maintenance, clean of all dead, dying, and/or excess vegetation, uniformly trimmed and mowed, including the street right-of--way to the curb of each street frontage. 8 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 David Holt made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every day in violation starting August 18 2009 • seconded by Tim Murry The vote was unanimous in favor of fndingg the Respondent in violation and in favor of the time period and the amount of the one. CASE N0.09-543 440 & 442 W. Broome, LLC 440 W. Broome St. Clermont, FL 34711 LOCATION OF VIOLATION: 440 W. Broome St., Clermont, FL 34711 VIOLATION: Chapter 58 Section 58-116, Failure to Obtain Business Tax License City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced section of the City of Clermont Code of Ordinances due to the failure to obtain a Business Tax receipt for the nursery (plants) business located at this residence. Compliance of this violation will be when a business tax receipt is obtained through the City of Clermont or all of the plants used for sale are permanently removed from the property. Chairman Purvis asked who was running the business. Ms. O'Shea stated the tenant was operating the business. She said he sells them at the local farmers markets and all over the county. Chairman Purvis asked if he is allowed to store the plants on the property. Ms. O'Shea stated that he is not allowed to store any merchandise on the property. Ken Forte made a motion to end the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every day in violation startin~ptember 1 2009 • seconded by Les Booker The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine. CASE N0.09-551 Hardial Singh 430 Minnehaha Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 430 Minnehaha Ave., Clermont, FL 34711 9 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 VIOLATION: Chapter 14 Section 14-9 (302.4), High Grass/Weeds and Refuse City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: High grass and weeds in excess of 18 inches (Section 302.4 Weeds). Action required to correct violations: Mow grass and weeds on the property, including to the street right-of- way. David Holt made a motion to find the Respondent in violation of the cited City code and be fined at a rate of $250.00 per day for every day in violation starting September 1, 2009; seconded by Tim Murry The vote was unanimous in avor of finding the Respondent in violation and in avor o the time period and the amount o the. ane. CASE N0.09-552 Al-Karim 528 W. Minneola Ave. Clermont, FL 34711 LOCATION OF VIOLATION: 528 W. Minneola Ave., Clermont, FL 34711 VIOLATION: Chapter 14 Section 14-9 (108.1.3, 108.2), Unsafe Electrical Conditions City Attorney Yvette Brown introduced the case. Code Enforcement Officer Suzanne O'Shea exhibited pictures that are a true and accurate depiction of the condition of the property on the date taken and read the violation summary as follows: You are hereby notified that you are in violation of the referenced sections of the International Property Maintenance Code, City of Clermont Code of Ordinances, due to the following: The rear building does not have functioning electrical services, and is considered unlivable as is, posing a danger to anyone who resides in the building. (Section 108.2- Closing of vacant structures)(Section 108.1.3- Structure unfit for human occupancy). Action required to correct violations: Either repair electrical services to meet current codes, or board up the building to prevent all access on or before Monday, August 17tH, 2009. Ms. O'Shea stated that there was a storm on July 30, 2009. She stated that a tree limb fell and knocked out the electric. She stated the tenants ran electrical cords from the front building to the back units. She stated they called her the next day about the electric. Ms. O'Shea and the City building official went to inspect the building. She stated they notified the owner of the property. The property owner put a generator out there for the tenants, but there were altercations due to rental issues, so the property owner decided to pull the generator. She stated the tenants were told they have 10 days to get their belongings 10 CITY OF CLERMONT MINUTES CODE ENFORCEMENT BOARD AUGUST 18, 2009 and find another place to live. She stated there was a lot of police activity there due to the tenants destroying the property. Ms. O'Shea read a letter from the property owner to the Board members. James Davern made a motion to find the Respondent in violation of the cited City code, this proper is a serious threat to the public health safety and welfare and be fined at a rate of $200.00 per day for every day in violation starting August 25, 2009; seconded by Les Booker. The vote was unanimous in favor of finding the Respondent in violation and in favor of the time period and the amount of the fine. Board members had discussion about the Current Status Report that was presented. There being no further business, the meeting was adjourned. c" James~Purvis, Chairman Attest: ~ , Rae Chidlow, Code Enforcement Clerk 11